- the reproduction of the material in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading or reposting the material to any other site on the Internet; and
- “framing” the material on the Website with other material on any other website.
We have used all reasonable endeavours to ensure that our website complies with Australian law, including the Australian Consumer Law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside of Australia. Copyright & monitoring The contents of our website and app are protected by international copyright laws and other intellectual property rights. We, or other third-party licensors, are the owner of these rights. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using it as an information resource for our health insurance services. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site or app including, but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any (but not restricted to) questionnaire and forms. You may not modify or copy:
- the layout of the Website; or
- any computer software and code contained in the Website.
We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is provided for personal use only and may not be:
- re-sold or re-distributed in any material form; stored in any storage media; or
- re-transmitted in any media,
- Perform analytics on the use of our website and pages visited;
- To save preferences you have previously set on our website.
For the avoidance of doubt, your use of the website and app with cookies enabled constitutes permission for us to perform analytics, facilitate access to online services and save your personal preferences. Availability of our website We will try to make our website available but cannot guarantee that our website and app will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. We reserve the right to alter, suspend or discontinue any aspect of our website or app or the content or services available through it, including your access to it and the means whereby you access it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new services or resources shall be subject to these terms and conditions as they are adopted from time to time. Disclaimer The information on the website are provided in good faith on an ‘as is’ basis with no express or implied warranties of any kind as far as is permissible under applicable laws including the Australian Consumer Law. To the extent allowed by law, neither Mildura Health Fund nor any of its agents or employees will be liable for any errors or omissions in the contents or functions of the website and app, including errors or omissions due to negligence. The information on our website is general in nature and does not constitute advice. The resources provided by third-party contributors, including health professionals, are not a substitute for professional advice from your physician or health care provider. Any third party products or resources mentioned by third party contributors to our website do not constitute or imply a recommendation or endorsement from Mildura Health Fund. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked sites.
You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the website. We do not warrant, guarantee or make any representation that:
- the Website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
We are not liable to you for:
- errors or omissions in the Website, or linked sites on the Internet;
- delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
- defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website. Limitation of Liability These Disclaimers may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following: if the breach of an implied warranty or condition relates to services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again; and
if the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
No Implied Waiver The failure of us to enforce any provision of these terms and conditions or a delay in enforcing those rights will in no way affect the right to enforce that or any other provision at a later time, whether against the same or a different party. Nor will the waiver of a breach of any provision of these terms and conditions constitute a waiver of any succeeding breach of the same or any other provision whether against the same or a different party. Governing Law These Terms & Conditions are governed by, and are to be construed in accordance with, the laws of the State of Victoria and the Commonwealth of Australia. If any part of these Terms & Condition is found by a court to be invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such provision(s) will be deemed deleted but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule, and the remaining provisions of these Terms & Conditions will remain in full force and effect. Version Control These Terms & Conditions were last updated on 1/09/2022